May Judge Reconsider and Grant Post-Mistrial Motion for Acquittal After Initially Denying Same Motion?

State of Ohio v. Denny F. Ross, Case no. 2009-1619

9th District Court of Appeals (Summit County)

ISSUE: Under Ohio Criminal Rule 29(C), when a criminal prosecution ends in a mistrial and the defendant files a motion for a judgment of acquittal within 14 days after the jury is dismissed, a trial court may enter a judgment of acquittal on one or more of the charges for which the defendant was indicted if the judge finds that the state's evidence is insufficient to sustain a conviction for that offense. In this case, the Supreme Court is asked to decide whether a trial court that initially denied a defendant's timely motion for post-trial acquittal under Crim.R. 29(C) had jurisdiction to subsequently reconsider its ruling and enter an order of acquittal, or if a judicial ruling denying a motion for acquittal under Crim.R. 29(C) is a "final judgment" that is not eligible for reconsideration.